Victory: Kids motorcycles and ATVs saved!

In a victory for families who enjoy responsible motorized recreation, President Barack Obama has signed into law (Public Law 112-28) a bill to allow the sale of kids' off-highway vehicles (OHVs) to continue.

On Aug. 12, 2011, Obama signed into law H.R. 2715, introduced by Reps. Mary Bono Mack (R-Calif.) and G.K. Butterfield (D-N.C.). The measure exempts kids' OHVs from the Consumer Product Safety Improvement Act (CPSIA) of 2008, known as the lead law.

The CPSIA, which went into effect on Feb. 10, 2009, banned the making, importing, distributing or selling of any product intended for children 12 and under, including kids' dirtbikes and all-terrain vehicles (ATVs), that contained more than a specified amount of lead in any accessible part that might be ingested.

H.R. 2715 cleared the House by a 421-2 vote on Aug. 1 just before lawmakers went into their summer recess, and earned Senate approval by unanimous consent the same day.

The new law is a victory that is the result of nearly three years of intensive efforts by the AMA and its partner organization, the All-Terrain Vehicle Association (ATVA), their members and millions of advocates of responsible OHV recreation.

To read the rest of the press release announcing this exciting news, click here. See below for information on what AMA members have done to earn this victory!

CPSIA Background

The CPSIA took effect in February 2009 and it immediately stopped the sale of dirt bikes and ATVs designed for children 12 and under. The law was meant to protect children from dangerous levels of lead in toys, but it was written so broadly that it also impacted childrens' books, clothes, motorcycles and ATVs.

Under the CPSIA, all youth products containing lead must have less than 600 parts per million by weight. The CPSC has interpreted the law to apply to various components of kid-sized motorcycles and ATVs, including the engine, brakes, suspension, battery and other mechanical parts. Even though the lead levels in these parts are small, they are still above the minimum threshold.

To ensure continued availability and access to kid-sized motorcycles and ATVs, the Motorcycle Industry Council, Specialty Vehicle Industry Association, the AMA, ATVA and others asked the CPSC to consider petitions submitted to exclude kid-sized motorcycles and ATVs from the final rule governing the law.

The CPSC staff admits that the risk of exposure to lead from kid-sized motorcycles and ATVs is relatively low. But the staff told the commissioners that the law is written so strictly that no lead absorption into the body is allowed. As a result, they say, motorcycles and ATVs shouldn't be exempt from the law.

In April, the two-member CPSC rejected an industry request to exempt kid-sized off-road motorcycles and ATVs from the CPSIA because the agency did not believe that it had the authority to exclude these vehicles from the lead-content limits imposed by Congress. However, the commissioners signaled their desire to issue a stay to give Congress the opportunity to change the law so that kid-sized motorcycles and ATVs can be legally sold. The commissioners also expressed hope that manufacturers will use the delay to make changes to their products to make them meet the requirements of the new law.

"...ATVs and motorized bikes appropriately sized for children 12 and younger can again be available and the commission will not seek penalties for violation of Section 101 and related provisions of the (law) against those who sell them," said Acting CPSC Chairman Nancy Nord on April 3. "I hope that the state attorneys general will follow the lead of the agency on this matter.

"All stakeholders -- industry, users, Congress and the commission -- need to come together to fix the statutory problems that have become so apparent, in a common sense approach that does not unnecessarily burden those regulated, yet provides safety for American families," she said.

Read the AMA’s letter to the House and Senate Appropriations Committees in support of Rep. Denny Rehberg’s amendment to prohibit the use of funds to implement and/or enforce the CPSIA.

Read the AMA’s letter to the National Association of Attorneys General and its response.

On May 14, 2009, Acting Chairman Nord testified before a subcommittee of the House Committee on Small Business. Read her testimony here.

Sean Hilbert of Cobra Motorcycles submitted a statement for the May 14 hearing. To read his statement, please click here.

To view the CPSC report to Congress regarding the CPSIA, please click here.

Language regarding the CPSIA as passed in H.R. 3288, the Consolidated Appropriations Act. To view the language, please click here.

To view testimony from Chairman Inez Tenenbaum and Commissioner Nancy Nord of the Consumer Product Safety Commission before the Subcommittee on Financial Services and General Government of the U.S. House Committee on Appropriations, please click here for Chairman Tenenbaum’s testimony and click here for Commissioner Nord’s testimony.

Click here to download a PDF version of the Consumer Product Safety Enhancement Act.

On Jan. 4, 2011, Rep. Denny Rehberg and several of his colleagues sent a letter to the CPSC seeking to delay enforcement of the so-called lead law that effectively bans the sale of kid-sized dirtbikes and all-terrain vehicles. To view the letter, click here.

On Jan. 27, 2011, the AMA sent a letter to the CPSC requesting the commissioners accept the proposed option to extend the current May 2011 deadline for youth-model ATVs and dirtbikes.

On Jan. 31, 2011, the AMA and ATVA sent a letter of support to Rep. Denny Rehberg regarding H.R. 412, the Kids Just Want to Ride Act of 2011. To view the letter, click here.

On Feb. 8, 2011, the AMA sent a thank you letter to Chairman Tenenbaum for voting to extend the stay of enforcement to Dec. 31, 2011.

On Feb. 15, 2011, the AMA sent a letter to Chairman Bono Mack and Ranking Member Butterfield requesting Congress to act to permanently exempt youth-model motorcycles and ATVs from the negative and unintended consequences of the CPSIA.

On April 6, 2011, the AMA and ATVA sent comments to Chairman Bono Mack and Ranking Member Butterfield urging the Subcommittee to consider and pass H.R. 412, the "Kids Just Want to Ride Act."

On May 11, 2011, the AMA and ATVA sent comments to Chariman Bono Mack and Ranking Member Butterfield urging the Subcommittee to include H.R. 412, the Kids Just Want to Ride Act as an amendment to the Enhancing CPSC Authority and Discretion Act of 2011.

On May 25, 2011, the AMA and ATVA sent comments to Chairman Upton and Ranking Member Waxman urging the House Committee on Energy & Commerce to include H.R. 412, the Kids Just Want to Ride Act as an amendment to H.R. 1939, the Enhancing CPSC Authority and Discretion Act of 2011.